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Boulder County jury: Christopher Loven guilty of careless driving resulting in death

Jury deliberated less than a full day in finding verdict

Erica Meltzer Camera Staff Writer

Posted:
03/08/2013 10:52:37 AM MST

Updated:
03/08/2013 02:26:53 PM MST

Christopher Loven (right) walks with his attorney, Paul McCormick (left), to court at the Boulder County Justice Center in Boulder, on Wednesday.
(
MARK LEFFINGWELL
)

A Boulder County jury has found Christopher Loven guilty of careless driving resulting in death -- a Class 1 traffic offense -- in the accident that killed Eugene "Phil" Howrey, 73, of Boulder, nearly two years ago.

Deliberations began Thursday afternoon in the case after nearly three days of testimony. Before the jury left for the day, they indicated to Boulder County Judge John Stavely that they may not be able to reach a unanimous decision. However, at 1 p.m. Friday, they said they had reached a verdict.

There was silence in the courtroom as the guilty verdict was announced. Later, Loven asked if he could address Howrey's family.

A tearful Loven told the family that he never wanted to hurt anyone and that he thought many times over the last two years of taking his own life.

"The only reason I took this case to trial, it wasn't because I wanted to win," Loven said. "I wanted the family to know what happened that day."

According to an investigation by the Colorado State Patrol, Loven was driving a Kenworth W900 dump truck hauling a trailer with construction equipment west on Lefthand Canyon Drive on June 17, 2011, when the accident occurred. Loven turned left to go south on Olde Stage Road and struck Howrey, who was headed east on Lefthand Canyon Drive.

The report said Loven was driving about 20 mph during the turn, while Howrey was riding between 25 and 35 mph. The speed limit is 35 mph.

Loven -- who works as an excavator -- testified that he had just finished work at a job site and was taking his daughter home for the weekend in the dump truck. He said a detour forced him to go through Lefthand Canyon to get to his home on Lee Hill.

Loven said he was aware the area was frequented by bicyclists, but it was a Friday and he wasn't expecting much bicycle traffic.

Loven said as he approached the intersection, he tried looking up the canyon. However, there was a lot of foliage and he didn't see anyone.

Loven's attorney argued that he was not careless in the events leading up to the crash.

However, the six-person jury disagreed.

"I am so sorry about your loss," Loven said to the family. "I swear to you I did the best I could to judge that turn."

Howrey's family members wept as Loven spoke. They left the courtroom without speaking to the Camera.

Loven then sat at his attorney's table with his head in his hands. He left out a back entrance with his attorney and did not speak to the Camera.

Loven is scheduled to be sentenced May 2.

Loven, 47, faces up to one year in jail and a $1,000 fine in the case. Careless driving resulting in death is the lowest criminal charge that can be levied in an accident that kills a person.

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